Article 1. Definitions
In these general terms and conditions, the following definitions apply:
- Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third and the entrepreneur;
- Cooling – off period: the time at which the consumer may use his right of withdrawal;
- Consumer: The natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Day: Calendar day;
- Digital content: Data produced and delivered in digital form;
- Duration Agreement: An agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable medium: Any tool, including e-mail, that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use for a period that is Adapted to the purpose for which the information is intended and which enables unchanged reproduction of the information stored;
- Right of withdrawal: the possibility of the consumer to refrain from the distance contract within the cooling – off period;
- Entrepreneur: The natural or legal person who offers products, (access to) digital content and/or remote services to consumers;
- Distance contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement is made exclusively or partly use of one or more techniques for distance communication;
- Membership Plan: the personalised service provided by the entrepreneur for discovering and ordering products at a discount, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with such service.
- Model withdrawal form: the European model withdrawal form set out in annex I to these conditions;
- Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be gathered together in the same room.
Article 2. Identity of the entrepreneur
Address: Gatwickstraat 13 (no return address)
Phone: +1 845-675-8255
article 3. Applicability
- These general terms and conditions apply to every offer of the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions are to be examined by the consumer with the entrepreneur and that at the request of the consumer, the entrepreneur will provide the general terms and conditions free of charge and as soon as possible.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available by electronic means to the consumer in such a manner that these can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, where the consumer can examine the general terms and conditions electronically and that, at the request of the consumer, the general terms and conditions shall be provided to the consumer free of charge.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting conditions, always invoke the applicable provision which is most favorable to him.
- If one or more provisions in these general terms and conditions at any time are wholly or partially void or nullified, then the remainder of the provisions of the agreement and these general terms and conditions remain valid and the void or nullified provisions shall be, by mutual agreement, be replaced without delay by provisions which approximate, as much as possible, the scope of the original provisions.
- Circumstances and events which are not governed by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
- Ambiguities about the interpretation or content of one or more provisions of these general terms and conditions, should be interpreted ‘in the spirit’ of these terms and conditions.
Article 4. The Offer
- The offer is non – binding and non – committal. The entrepreneur is entitled to modify and amend the offer at any time.
- If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
- Each offer contains such information, that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer.
- All images, specifications and data contained in the offer are indicative and shall by no means form the grounds for indemnity, compensation of alleged damages or a dissolution of the agreement.
Article 5. The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer in compliance with the applicable terms and conditions.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance by the consumer. If the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to safeguard the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can, within the applicable legal frameworks, inform himself whether the consumer can fulfil his payment obligations, as well as inform himself of all those other facts and factors that are important to assess if it would be responsible to enter into the distance contract with a specific consumer. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request or to require additional terms and conditions.
- The entrepreneur will provide to the consumer, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a manner that it can be stored by the consumer in an accessible manner on a sustainable data bearer:
a. The visiting address of the entrepreneur where the consumer can make complaints;
b. The conditions under which, and the manner in which, the consumer may use his right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
c. The information about warranties and existing service after purchase;
d. The price – including all taxes – of the product, service or digital content; Where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
e. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
f. If the consumer has a right of withdrawal, the model withdrawal form.
- If the contract entails a subscription or other continuing form of delivery or use of products, services or digital content, the provision in the preceding paragraph applies only to the first delivery or use.
- Each agreement is entered into under the condition precedent that sufficient products, services or digital content is available.
Article 6. Cooling – off period
- The consumer may dissolve an agreement regarding the purchase of a product during a cooling – off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for revocation, but not oblige him to provide such his reason.
- The cooling-off period referred to in paragraph 1 shall commence enter the day after the consumer, or a third party designated by the consumer – who is not the carrier – has received the product, or:
a. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer hereof prior to making the order, refuse an order of multiple products with a different delivery time.
b. If the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or the last part;
c. In the agreement regards the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may dissolve a service agreement and a contract for the supply of digital content not delivered on a tangible medium for a period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for revocation, but not oblige him to provide such his reason
- The cooling-off period referred to in paragraph 3 shall commence on the day following the day at which the agreement is concluded.
Extended reflection period for products, services and digital content not supplied on a tangible medium when not informing about right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling – off period expires 12 months after the end of the cooling – off period referred to in the above paragraphs.
- If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within 12 months of the commencement date of the original cooling – off period, the cooling – off period shall expire 14 days after the day on which the consumer has received the information from the entrepreneur.
Article 7. Consumer obligations during the cooling-off period
- During the cooling-off period the consumer will handle the product and the packaging carefully. It shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer can only handle and inspect the product as he should do in a shop.
- The consumer is only liable for depreciation of the product resulting from a way of dealing with the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8. Exercise of the right of withdrawal and costs
- If the consumer makes use of his right of withdrawal, he reports this within the cooling-off period by means of the model form for revocation or otherwise unequivocally to the entrepreneur.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he sends the product back before the cooling-off period has expired.
- The consumer shall return the product, with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs, the consumer does not have to bear the costs for return.
- If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity not ready for sale is made in a limited volume or quantity during the cooling – off, the consumer owes the entrepreneur an amount proportional to that part of its obligation that the entrepreneur has fulfilled at the time of the withdrawal.
- The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. He has not expressly agreed to the actual commencement of the agreement before the end of the cooling-off period;
b. He has not acknowledged that he is aware that he loses his right of withdrawal when granting his consent for the agreement; or
c. The entrepreneur has failed to confirm the above acknowledgement of the consumer.
- If the consumer makes use of his right of withdrawal, all supplementary agreements are automatically dissolved.
Article 9. Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur enables the consumer to make the notification of withdrawal in an electronic manner, the entrepreneur sends a confirmation to the consumer of the receipt of this notification without delay after receipt.
- The entrepreneur reimburses all payments by the consumer to the entrepreneur, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same means of payment used for the reimbursement that the consumer has used for his payment, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10. Exclusion of right of withdrawal
- The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or at least timely before the conclusion of the agreement:
a. Products or services the price of which is subject to fluctuations in the financial markets on which the entrepreneur has no influence and which may occur within the withdrawal period;
b. Agreements concluded during a public auction. A public auction means a selling method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
c. Agreements for the provision of services after full provision of the service, but only if:
d. The provision of the service has commenced with the explicit prior consent of the consumer; and
e. The consumer has stated that he loses his right of withdrawal once the entrepreneur has fully provided the agreed service;
f. Package trips as referred to in article 7:500 of the Dutch Civel Code and contracts for transportation of passengers;
g. Service contracts for the provision of accommodation, if the agreement provides for a specific date or period of execution and other than for residential purposes, carriage of goods, car rental services and catering;
h. Agreements relating to leisure activities, if a specific date or period of implementation is provided for in the agreement;
i. Products manufactured according to consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
j. Products that spoil quickly or have a limited shelf life;
k. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose sealing has been broken after delivery;
l. Products which, by their nature, are irrevocably mixed with other products after delivery;
m. Alcoholic beverages, the price of which is agreed upon when the contract is concluded, but the delivery of which can only take place after 30 days, the actual value of which depends on fluctuations in the market on which the trader has no influence;
n. Sealed audio, video recordings and computer software, the sealing of which has been broken after delivery;
o. Newspapers, periodicals or magazines, except for subscriptions thereto;
p. The supply of digital content other than on a tangible medium, but only if:
- The provision has commenced with the explicit prior consent of the consumer; and
- The consumer has stated that he will lose his right of withdrawal.
Article 11. Price
- During the validity period mentioned in the offer, the prices of the offered products and/or services are not increased, excluding price changes due to changes in VAT rates.
- By way of derogation from the preceding paragraph, the entrepreneur may offer products or services with variable prices if the prices are subject to fluctuations in the financial markets and on which fluctuations the entrepreneur has no influence. These fluctuations and the fact that any prices mentioned are indicative prices, is indicated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months onwards after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. These are the result of statutory regulations or provisions; or
b. The consumer has the right to terminate the agreement per the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12. Compliance Agreement and additional guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or governmental regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur fails to perform the agreement or part thereof.
- Additional guarantee as referred to above means any commitment of the entrepreneur, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event the entrepreneur fails to perform the agreement or part thereof.
Article 13. Delivery and execution
- The entrepreneur will observe the utmost care when accepting orders for products and the delivery thereof in assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract at no cost and is entitled to a possible compensation of damages.
- After termination in accordance with the preceding paragraph, the entrepreneur will reimburse the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative and announced to the entrepreneur, unless expressly agreed otherwise.
Article 14. Duration agreements
- The consumer may terminate an agreement which has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time in compliance with the agreed termination rules and a notice period of not more than one month.
- The consumer may terminate a contract which has been entered into for a certain period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified duration, taking into account the agreed upon termination rules and a notice period of not more than one month.
- With respect to the agreements referred to above, the consumer may:
a. Terminate these at any time and may not be limited to termination at a specified time or period;
b. At least terminate these in the same manner in which has entered into these agreements;
c. Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension and renewal:
- A contract which has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services shall not be tacitly renewed or tacitly extended or renewed for a certain duration.
- By way of derogation from the preceding paragraph, a contract which has been concluded for a certain period and which extends to the regular delivery of day-news and weekly magazines and periodicals may be tacitly renewed for a period of up to three months, if the consumer may terminate this extended agreement by the end of the renewal period with a notice period of not more than one month.
- An agreement which has been concluded for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of not more than one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly magazines and periodicals.
- An agreement with limited duration for a trial or introduction for the regular delivery of daily, news and weekly magazines and periodicals (trial or introductory subscription), may not be tacitly continued and ends automatically after the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of not more than one month, unless this would not be reasonable and fair.
Article 15. Membership Plans
- The entrepreneur may offer a number of discount membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed to the consumer at his sign-up.
- The consumer must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the membership plan. Minors may only use the service under the supervision of an adult.
- The membership plan and any products ordered through the membership plan are for the personal and non-commercial use of the consumer only and may not be shared with individuals beyond the household of the consumer. During the term of the membership plan the consumer is granted a limited, non-exclusive, non-transferable right to access the discount service and can order products at a discount. Except for the foregoing, no right, title or interest shall be transferred to the consumer.
- The consumer who created the membership plan account and whose payment method is charged, has access and control over his membership account and is responsible for any activity that occurs through his membership account. The consumer is responsible for updating and maintaining the accuracy of the information he has provided to the entrepreneur relating to his account. The entrepreneur can terminate the account or place the account of the consumer on hold in order to protect the consumer, the entrepreneur or our partners from identity theft or other fraudulent activity.
- Cancellation. You can cancel your Luzzoo membership at any time, and you will continue to have access to the Luzzoo membership through the end of your monthly billing period. To cancel, please send an email to firstname.lastname@example.org.
Article 16. Payment
- To the extent not otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the event of an agreement to provide a service, this period shall commence on the day after the consumer has received the confirmation of the agreement.
- In the event of sale of products to consumers, the consumer may never be obliged to make a prepayment of more than 50%. If a prepayment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated prepayment has been made.
- The consumer has a duty to report inaccuracies in the payment details provided or stated without delay to the entrepreneur.
- If the consumer does not meet his payment obligation(s) in due time, the entrepreneur shall notify him thereof and grant the consumer an additional period of 14 days to fulfil his payment obligations. If the consumer fails to meet his payment obligations after this additional 14-day period, the amount still owed by the consumer will be subject to, and increased with, the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection fee is limited to:
a. 15% over outstanding amounts up to €2,500, =;
b. 10% over the subsequent €2,500, = and 5% over the next €5,000, = with a minimum of €40, =.
The entrepreneur may deviate from the aforementioned amounts and percentages in the benefit of the consumer.
Article 17. Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and treats complaints in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and with a clear description of the complaint to the entrepreneur within a reasonable time after the consumer has found the defects.
- Complaints filed with the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months of the submission of the complaint, a dispute which is susceptible to the dispute settlement arises.
Article 18. Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.
- Legal proceedings in connection with this agreement shall exclusively be brought before the competent court in Amsterdam, The Netherlands.
Article 19. Additional or derogatory provisions
Any provisions derogating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be accessed and stored on a durable data carrier by the consumer.